View Full Version : Two garnishings back to back
bashful53
Sep 13, 2008, 01:26 PM
Hi my husband's wages are being garnished from the IRS they made a deal if we allow them to take $30.00 a week from his ck that would be fine with them, Then low and behold we got another garnishment going from hospitals from a back surgery I had. Well I had insurance and most was paid but there is still owing, anyway they couldn't garnish because in Oregon the law I assume says that the first garnisher supersedes the second one? So the IRS had to go up to 25% and then the other people have to wait. My question is how long does the second garnisher wait? Do they have to file another judgment before they can start a garnishment when the IRS is done? The problem is the IRS is willing to go back down to the origonal agreement if the other creditors will take an offer from me? I have called them and they haven't called back so do they have 90 days until they send me out another notice or can they just sit and wait no matter how long the IRS is going to take there share? I hope you understand this question its hard to explain. Thanks
JudyKayTee
Sep 13, 2008, 01:47 PM
Hi my husband's wages are being garnished from the IRS they made a deal if we allow them to take $30.00 a week from his ck that would be fine with them, Then low and behold we got another garnishment going from hospitals from a back surgery i had. well i had insurance and most was paid but there is still owing, anyway they couldnt garnish because in oregon the law i assume says that the first garnisher supersedes the second one? so the irs had to go up to 25% and then the other people have to wait. my question is how long does the second garnisher wait? do they have to file another judgment before they can start a garnishment when the irs is done? the problem is the irs is willing to go back down to the origonal agreement if the other creditors will take an offer from me? i have called them and they havent called back so do they have 90 days until they send me out another notice or can they just sit and wait no matter how long the irs is going to take there share? i hope you understand this question its hard to explain. thanks
Judgments are valid for between 7 and 10 years. The second creditor has that period to collect from you.
In the event the amount is not paid within that time frame Judgments are renewable for the same period.
The time frame depends on the State.
And, yes, you'll get another notice when the next garnishment is filed.
Is that what you meant?
bashful53
Sep 13, 2008, 11:05 PM
Yes this is what I meant the IRS is now garnishing yet they are almost through, so the next one in line is who I am trying to make arrangements with, in fact they and I where in contact at least 3 times a week, I gave them all the info they needed so we could come up with a payment plan they were waiting for paper work from my last year tax's and my husband didn't file so I told them I had to call the IRS and state and ask them for information.
I called 3 times a week letting them know that I am still waiting for this one piece of paper work to mail to the Debtors and they said OK, I have writtin the times and date of when I would call because they always had a machine to answer and take down the information you gave and they would call me back. So I kept in contact all the time, then the next thing was when I came home from the coast there was a document stating that they are going to garnish. I literlly got sick. I couldn't go to court or anything there was no time it was passed due. Is there a way I can let them know I would like to pay them a certain amount now since they aren't getting paid at all because the IRS is taking there share. So I wanted to see if they would lift the garnishment and I would pay them a certain amount a month that way at least they know I am trying and they are getting paid. By waiting there getting nothing. Could I call the court and talk to someone there about not knowing anything about this? Because like I said we were all working toghter on this knowing I am disabled and it would be a hard ship for my family, it really wasn't my fault that the IRS didn't send the paper work as fast as I would have liked but they are intimidating to say the least. :) but the IRS was taking there portion and then when the second garnisshment came in another $240.00 was taken out on top of that so the IRS had first crack at our check and then they went up to there 25% in fact they were trying to work with us ( the IRS) so we wouldn't have such a hardship and they had to go up to the 25% since they were first. Is there a way I can get the second garnishment back? Since they weren't supposed to of gotten it in the first place? If there was a way I could talk to the judge or if they would call me back about this and take my offer I am getting sick over this.thank you for any help and all the help you may give me. Ps say the first garnishment is done in 2 more months then the second one is up to take there's will we be able to go to court with them before they start there's or are theyjust going to start there garnishment and that is that?
bashful53
Sep 13, 2008, 11:08 PM
I sent a second question it was quite long did you receive it? What I did was go to edit and then I wanted to spell ck and it wasn't there anymore so if indeed you got forgive the spelling and if not please let me know and sorry for waisting your time